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ARMY | BCMR | CY2013 | 20130001327
Original file (20130001327.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    15 August 2013

		DOCKET NUMBER:  AR20130001327 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, widow of a former service member (FSM), requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-xx-xxx3" instead of "xxx-xx-xxx2."

2.  The applicant states the FSM's social security card and official Standby Reserve discharge papers, dated 21 June 1972, show his correct SSN. 

3.  The applicant provides:

* Letter Orders Number 06-1218387, dated 21 June 1972
* Social Security Card
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM was inducted into the Army of the United States on 20 July 1966.  His DD Form 47 (Record of Induction) did not list his SSN.  He completed training and was awarded military occupational specialty 76Y (Supply Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "xxx-xx-xxx2."  He reviewed this form and also authenticated it by placing his signature in the appropriate block.

4.  Special Orders Number 152, issued by Headquarters, U.S. Army Armor Center, Fort Knox, KY, dated 17 July 1968, shows the FSM's SSN as "xxx-xx-xxx3."

5.  He was honorably released from active duty on 19 July 1968.  Item 3 (SSN) of his DD Form 214, shows "xxx-xx-xxx2."

6.  A USAAC Form 171 (Army Reserve Status and Address Verification), dated 16 October 1969, shows the FSM advised officials of his incorrect SSN and a system update was initiated.

7.  The applicant provides a copy of the FSM's DD Form 214 and Letter Orders Number 06-1218387.  She also provides a copy of his social security card which shows his SSN as "xxx-xx-xxx3."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms an administrative error inadvertently listed the last digit of his SSN on his DD Form 214 as a "2" when it was prepared. Therefore, his DD Form 214 should be corrected to show his SSN as it is listed on his social security card.


BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3 of his DD Form 214 to show his SSN as it is listed on his social security card.




      _______ _ X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130001327



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ABCMR Record of Proceedings (cont)                                         AR20130001327



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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